658.81 Office action; notice and court confirmation.—The office, immediately upon appointing such liquidator or receiver, shall serve notice upon any other person having the charge or management of any such bank or trust company, informing him or her of its action in appointing such liquidator or receiver and notifying him or her that the office will apply on a date named therein, not to exceed 10 days from the date of service of such notice, to a circuit judge in the court circuit in which the principal office of such bank or trust company is located for an order confirming its action. A copy of such application together with a notice of hearing thereon shall be served on the person receiving the above notice prior to the time set for such hearing. Such proceedings shall be given precedence over other cases pending in such court and shall in every way be expedited. Upon the office’s showing at the hearing on such application that such bank or trust company is insolvent or threatened with imminent insolvency, the court shall enter an order confirming the action of the office and the appointment of such liquidator or receiver; otherwise, the court shall enter an order dismissing the liquidator or receiver, and such liquidator or receiver shall relinquish his or her control over the assets and affairs of such bank or trust company.
...Iberiabank brought this declaratory judgment action in the District Court for
3
The Florida Office of Financial Regulation took possession of Orion and appointed the
FDIC as receiver pursuant to Fla. Stat. §§ 658.79, 658.80, and 658.81 (2009).
Under § 658.79, the Office of Financial Regulation may designate a receiver to take
charge of the assets and affairs of a bank “[w]henever the office has reason to conclude, based
upon the reports furnished to it by a state...
...Under § 658.80(2), “[t]he Federal Deposit Insurance Corporation or any appropriate
federal agency shall be appointed by the office as receiver or liquidator of any state bank, the
deposits of which are to any extent insured by the corporation.”
Section 658.81 provides for notice and court confirmation of appointment of the receiver
after a hearing....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
